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What Do Copyright and Trademark Symbols Mean?

Jurisdiction: Australia. Reviewed 27 October 2026.

The symbols ©, ™ and ® are notices with different meanings. They can help identify a rights claim but do not replace proof of ownership or the underlying legal requirements.

© and copyright

In Australia, copyright is automatic when the statutory requirements are satisfied and a notice is optional. A notice can identify the claimed owner and relevant publication year. It does not create copyright over an idea or expand the rights in someone else’s material.

US law generally stopped requiring notices for newly published works from 1 March 1989, but the rules for older works, notice and remedies require care. US registration procedures should not be presented as Australian requirements.

™ and ® for brands

™ indicates use as a trade mark and does not mean the mark has been approved or registered. ® should only accompany a registered mark in its registered form. In Australia these symbols are optional. Registration is linked to territory and specified goods or services, with limitations and defences.

Permission and exceptions

The Australian exceptions include specified fair dealing purposes and other statutory provisions. US fair use under §107 is a different test. Neither giving credit nor adding a symbol settles whether a particular use is permitted.

Patent markings

A patent number identifies an application or granted right; there is no universal patent ownership symbol. “Patent pending” means an application has been filed, not that grant or enforceability is assured. Check the record and claims before relying on it.

Sources and further reading

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